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2023 Supreme(Bom) 448

M. M. SATHAYE
Sou. Nalini @ Madhavi Madhukar Murkute – Appellant
Versus
Deepak Manohar Gaikwad – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. S.C. Wakankar a/w. Ms. Aishwarya Bapat
For the Respondent: Mr. V.R. Kasle, Mr. P.B. Bhargude a/w Mr. Sumit Sonare, Mr. R.D. Soni and Mr. Tushar Momaiyah i/b. Ram and Co.

JUDGMENT :

1. Notice of final disposal was issued in this matter on 27th January, 2020. Accordingly contesting Respondents have appeared. Learned counsel for the Petitioner has already deleted the unserved respondents as noted in order dated 3rd March, 2023, when arguments were finally heard and concluded.

2. Rule. Rule made returnable forthwith. Mr.Kasle, learned counsel waives service for respondent nos.1, 3 to 7. Mr.Bhargude, learned counsel waives service for respondent no.8. Mr.Soni, learned counsel waives service for respondent nos.9, 9-A and 9-B. Taken up for final disposal with consent of parties.

3. By this petition fled under Article 226 and 227 of the Constitution of India, the original Plaintiff in Special Civil Suit no.2375 of 2011 (“the said suit” for short) is challenging an Order dt. 6th June, 2019 passed by the Joint Civil Judge, Senior Division, Pune below Exh. 185. By this order, the application of Defendant No.6 (present Respondent no.8) for transposing her as Plaintiff, under Order 23 Rule 1A of the Civil Procedure Code, 1908 (“CPC” for short) is allowed and Defendant no.6 is transposed as Plaintiff in the said suit.

4. Though the Petitioner is sole Plaintiff and R

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